HomeMy WebLinkAboutBy-law 1583/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1583/82
Being a Restricted Area By-law to amend
Restricted Area By-law 3036, as amended,
to implement the Official Plan of the
Town of Picketing District Planning Area
Region of Durham, in Part Lot 23, Concession
in the Town of Pickering.
WHEREAS the Council of the Corporation of the Town of Picketing
deems it desirable to permit the development on the subject
lands of a food store and specific ancillary'retail commercial,
office, and restaurant uses;
AND WHEREAS an amendment to By-law 3036, as amended, is
therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
SCHEDULE "I"
Schedule "I" hereto with notations and references shown
thereon is hereby declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law
in Part Lot 23, Concession l,
Schedule "I" attached hereto.
shall apply to those lands
Picketing, designated "C7"
on
3. GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used,
occupied,erected, moved or structurally altered except in
conformity with the provisions of this By-law.
4. DEFINITIONS
In this By-law,
(1)
"Art Gallery" shall mean a building or part of a
building used for the public or private exhibition of
collections of paintings and other works of art devoted
primarily to the recreation or education of the
public, whether or not the same are for sale.
continued...
(2)
(3)
(4)
"Business Office" shall mean a building or part
~f a building i~' which one or more persons are
employed in the management, direction or conducting
of a business, a public or private agency, a
brokerage or a labour or fraternal organization, and
which may include a telegraph office, a data processing
establishment, a newspaper publishing office, the
premises of a real estate or insurance agent, or a
radio or television broadcasting station and related
studios or theatres.
"Food Store" shall mean a building or part of a
building in which food, produce and other items or
merchandise of day-to-day household necessity are
stored, offered or kept for retail sale to the public.
"Funeral Parlour" shall mean a building or part of
a building designed for the purpose of furnishing
funeral supplies and services to the public and
includes facilities intended for the preparation
of the dead human body for interment or cremation.
(5) "Games Arcade" shall mean any building, room or area
in which are offered facilities for the play of:
(6)
(7)
(8)
(a) three or more games of chance;
(b) three or more games of mixed chance and skill;
{c) a combination of three or more games of chance
and games of mixed chance and skill,
or
for the amusement of the public, which games are not
contrary to the Criminal Code of Canada, but does not
include premises in which the only amusement facilities
offered are pool tables, billiard tables or bowling
alleys.
"Gross Retail and Personal Service Floor Area" shall
mean the gross retail a'nd pers'onal service floor space
contained in all buildings and structures on the lot,
as such space is defined in section 8.2.2 of the
Official Plan of the Regional Municipality of Durham,
as amended from time to time, or any successor thereto.
"Place of Amusement or Entertainment" shall mean a
building or part of a buildin~ in which facilities
are provided for amusement or entertainment purposes,
and which may include a billiard or pool room, a
dance hall, a music hall, or a theatre, but shall not
include a games arcade.
"Professional Office" shall mean a building or part
of a building in which medical, legal or other
professional service is performed or consultation
given, and which may include a clinic, the offices
of an architect, a chartered accountant, an engineer,
a lawyer or a physician, but shall not include a
body-rub parlour as defined in the Municipal Act,
R.S.O. 1980, Chapter 302, as amended from time to
time, or any successor thereto.
continued...
(9)
(lO)
(11)
"Restaurant-Type A" shall mean a building or part of
a building where food is prepared and offered or kept
for retail sale to the public for immediate consumption
on the premises or off the premises, or both on and
off the premises.
"Retail Store" shall mean a building or part of a
building in which goods, wares, merchandise,
substances, articles or things are stored, offered
or kept for retail sale to the public.
(a)
"Yard" shall mean an area of land which is
appurtenant to and located on the same lot as
a building or structure and is open, uncovered
and unoccupied above ground except for such
accessory buildings, structures, or other uses
as are specifically permitted thereon.
(b)
"F.Kont Yard" shall mean a yard extending across
the full width of a lot between the front lot
line of the lot and the nearest wall of the
nearest main building or structure on the lot.
(c)
"Front Yard Depth" shall mean the shortest horizontal
dimension of a front yard of a lot between the
front lot line and the nearest wall of the
nearest main building or structure on the lot.
(d)
"Rear Yard" shall mean a yard extending across
the full width of a lot between the rear lot
line of the lot or, where there is no rear lot
line, the junction point of the side lot lines,
and the nearest wall of the nearest main building
or structure on the lot.
(e)
"Rear Yard Depth" shall mean the shortest
horizontal dimension of a rear yard of a lot
between the rear lot line or, where there is
no rear lot line, the junction point of the side
lot lines, and the nearest wall of the nearest
main building or structure on the lot.
(f)
"Side Yard" shall mean a yard of a lot extending
from the front yard to the rear yard and from
the side lot line to the nearest wall of the
nearest main building or structure on the lot.
(g)
"Side Yard Width" shall mean the shortest
horizonta¥ dimension of a side yard of a lot
between the side lot line and the nearest wall
of the nearest main building or structure on
the lot.
(h)
"Flan.kage Side Yard" shall mean a side yard
immediately adjoining a street or abutting on
a reserve on the opposite side of which is a
street.
(i) "Interior Side Yard" shall mean a side yard other
t~an a flankage side yard.
continued...
o
5. PROVISIONS
Uses Permitted ("C7" Zone)
No person shall within lands designated "C7" on Schedule
"I" hereto use any lot or erect, alter or use any building
or structure for any purpose except the following:
art galleries
(b) business offices
food store (one only)
(d) funeral parlours
(e) places of amusement or entertainment
(f) professional offices
(g) restaurants - Type A
lb) retail stores, subject to the provisions of subclauses
(i), (ii), and (iii) of clause (g) of subsection 2 of
this section.
Zone Requirements ("C7" Zone)
la) FRONT YARD DEPTH (minimum): 15 metres
(b) INTERIOR SIDE YARD WIDTH Iminimum): 7.5 metres
lc) REAR YARD DEPTH (minimum): 7.5 metres
d) LOT AREA (minimum): 4.0 hectares
e) LOT FRONTAGE (minimum): 45 metres
f) OPEN STORAGE: no open storage
shall be permitted
in any yard.
SPECIAL RESTRICTIONS:
(i) except as permitted by subclause /iii) of
clause (g) of this subsection, only the
following retail stores are permitted:
carpet warehouse and sales
furniture warehouse and sales
automotive sales and service
- motorcycle sales and service
- catalogue warehouse and sales
(2)
(ii)
g)
(iii)
the gross leasable area of all buildings on the
lot used for art galleries, funeral parlours,
places of amusement or entertainment, and retail
stores as defined herein, shall not exceed 2,790
square metres.
notwithstanding the provisions of subclause (i)
of clause (g) of this subsection, one additional
retail store other than those listed in the said
subclause shall be permitted, the gross leasable
area of which may not exceed 279 square metres.
(iv)
(v)
notwithstanding the numerical limitation in
Section 5(1)(c), the additional retail store
referred to in subclause (iii) of clause (g)
of this subsection may be a retail store which
also sells food and produce.
the gross retail and personal service floor area
of all buildings on the lot shall not exceed
9,450 square metres.
continued...
6. BY-LAW 3036
By-law 3036, as amended, is hereby further amended only
to the extent necessary to give effect to the provisions
of this By-law as it applies to the area set out in
Schedule "I" attached hereto. Definitions and subject
matters not specifically dealt with in this By-law shall
be governed by the relevant provisions of By-law 3036,
as amended.
7. ENFORCEMENT
Any person who contravenes any of the provisions of this
By-law shall be liable upon conviction thereof to a fine
not exceeding $1,000.00 for each offence, exclusive of
costs, recoverable under The Provincial Offences Act.
8. EFFECTIVE DATE
This By-law shall take effect
hereof subject to the approval
Board, if required.
from the day of passing
of the Ontario Municipal
READ A FIRST AND SECOND TIME THIS lSth DAY OF ~overaber , 1982.
READ A THIRD TIME AND PASSED THIS 1Sth DAY OF Nove~ber , 1982.
CLE R~<
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SCHEDULE 'I' TO BY-LAW 1583/82
PASSED THIS, 15th
DAY OF November 1982
CLERK
R 830320
Ontario
Ontario Municipal Board
IN THE MATTER OF Section 39 of
The Planning.. Act (R.S.O. 1980,
c. 379) ,
- and -
IN THE MATTER OF an application
by the Corporation of the To~n
of Picketing for approval of its
Restricted Area By-law 1583-82
BEFORe- ~
M.D. HENDERSON )
Member )
} Monday, the lSth day
- and - ) of August, 1983
)
G.M. HOBART )
Member )
THIS APPLICATION coming on for public hearing this day
and after the hearing of the application;
THE BOARD ORDEI~S that the application for approval of
By-law 1583-82 is not approved.
SECRETARY